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The wide-ranging new draft law on audiovisual communication and cultural sovereignty in the digital age, which was announced several months ago, was tabled by the Minister of Culture on 5 December. The government has applied the expedited procedure for the document, which is expected to be examined by parliament from spring onwards. The draft contains far-reaching amendments to the Freedom of Communication Act of 30 September 1986, designed to take into account the rapidly changing nature of this sector. Firstly, it sets out a series of measures to support audiovisual creation, in particular...

Molotov TV is a television distribution platform that provides an OTT service enabling users to copy programmes and store them in their personal ‘cloud’. Article L. 311-4 of the Intellectual Property Code, in the version adopted under the Act of 7 July 2016, states that remuneration for private copying is “paid by the broadcaster or distributor of a radio or television service [...] that provides a physical person, through remote access, with a reproduction, for private use, of works based on a programme that forms part of a linear broadcast by the broadcaster or distributor...

The company RMC Découverte, broadcaster of the terrestrial television service of the same name, signed an agreement with the Conseil supérieur de l’audiovisuel (French national audiovisual regulatory authority – CSA) on 3 July 2012 which stipulated in Article 3-1-1 that “documentaries shall represent at least 75% of the total airtime each year and shall cover a wide variety of subjects.” Having decided that 27 programmes broadcast in 2016 did not qualify as documentaries within the meaning of its agreement, the CSA notified the company in September 2017 that...

On 14 June 2018, the television channel BFM TV broadcast two news items, each several minutes long, in which a journalist reported that a rape complaint had been filed against a lawyer and former French MP, who was an MEP at the time, as well as an interview with the complainant, who remained anonymous, and the captions “Laetitia, plaignante contre Gilbert C...” (“Laetitia, complainant against Gilbert C…”) and “C... accusé de viol, il dément” (“C…accused of rape, he denies it”).  Following the broadcast, the...

Private copying constitutes a well-known exception to copyright under Article L 122-5-2 of the Intellectual Property Code (which regulates authors’ rights) and Article L 211-3-2 (which regulates neighbouring rights). Authors of works that are copied in a non-commercial and non-professional context are entitled to compensatory remuneration, which is paid at source and collected directly from manufacturers and importers of digital media and recording devices used for copying. These companies add the tax to the purchase price paid by consumers. The Private Copying Committee, created under Article...